OT: Andy's Post Excerpt of K-3 Travel Raises Interesting Point
Dec 21st 2001, 8:22 pm
#1
Guest
Posts: n/a
It has been a bone of contention here lately that K-1's are only required to marry
within 90 days of entry but that filing for AOS can take longer than 90 days and they
are not in jeopardy. Read the last paragraph of Andy's excerpt post below and you
will see INS' take on this subject. Of course, like all things I suppose if you want
it to read your way, you will interpret to mean what you want it to mean.
" Aliens present in the United States in a K-3/K-4 nonimmigrant classification may
travel outside of the United States and return using their nonimmigrant K-3/K-4 visa,
even if they have filed for adjustment of status in the United States prior to
departure. The Service recognizes that although the K-3/K-4 status is a nonimmigrant
classification, aliens entering with this status have an intent to stay in the United
States permanently. The definition of a K-3/K-4 nonimmigrant alien does not require
that such an alien have a foreign residence that he or she has no intent of
abandoning. Such aliens are married to a U.S. citizen and are coming to the U.S. to
live with their spouse. Accordingly, the Service will not presume that departure
constitutes abandonment of an adjustment application that has been filed. This rule
is different for a K-3/K-4 nonimmigrant than for fiances and their children
(K-1/K-2). The Service notes that applicants for adjustment of status who entered as
a K-1 or K-2 nonimmigrant, and who later filed to adjust status, will continue to be
required to obtain advance parole to avoid abandonment of their adjustment
application upon departure, as provided in 8 CFR 245.2(a)(4). This is the case
because K-1/K-2 aliens have only a 90-day period of admission prior to being required
to marry the citizen petitioner and file for an adjustment application. Unlike those
in K-3/K-4 status, K-1/K-2 aliens will have no status or visa to fall back on
following the filing of their adjustment application."
(Source http://frwebgate.access.gpo.gov/cgi-..._register&doci
d=fr14au01-1)
Andy.
within 90 days of entry but that filing for AOS can take longer than 90 days and they
are not in jeopardy. Read the last paragraph of Andy's excerpt post below and you
will see INS' take on this subject. Of course, like all things I suppose if you want
it to read your way, you will interpret to mean what you want it to mean.
" Aliens present in the United States in a K-3/K-4 nonimmigrant classification may
travel outside of the United States and return using their nonimmigrant K-3/K-4 visa,
even if they have filed for adjustment of status in the United States prior to
departure. The Service recognizes that although the K-3/K-4 status is a nonimmigrant
classification, aliens entering with this status have an intent to stay in the United
States permanently. The definition of a K-3/K-4 nonimmigrant alien does not require
that such an alien have a foreign residence that he or she has no intent of
abandoning. Such aliens are married to a U.S. citizen and are coming to the U.S. to
live with their spouse. Accordingly, the Service will not presume that departure
constitutes abandonment of an adjustment application that has been filed. This rule
is different for a K-3/K-4 nonimmigrant than for fiances and their children
(K-1/K-2). The Service notes that applicants for adjustment of status who entered as
a K-1 or K-2 nonimmigrant, and who later filed to adjust status, will continue to be
required to obtain advance parole to avoid abandonment of their adjustment
application upon departure, as provided in 8 CFR 245.2(a)(4). This is the case
because K-1/K-2 aliens have only a 90-day period of admission prior to being required
to marry the citizen petitioner and file for an adjustment application. Unlike those
in K-3/K-4 status, K-1/K-2 aliens will have no status or visa to fall back on
following the filing of their adjustment application."
(Source http://frwebgate.access.gpo.gov/cgi-..._register&doci
d=fr14au01-1)
Andy.
Dec 22nd 2001, 12:19 am
#2
Guest
Posts: n/a
Rita wrote:
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However, re-read the instructions on the I-485 AOS form, and you will note that
filing AOS when out of status is allowed for K-1 and K-2 visa holders, ->IF<- the K-1
married within the 90 days. Therefore, one can file AOS after status is expired
(after 90 days have passed), as long as the marriage occurred within the 90 days.
It's worded quite plainly in the instructions on the form:
http://www.ins.usdoj.gov/graphics/fo...iles/i-485.pdf (right at bottom of
first page of instructions)
Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
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>
>
>
>
>
However, re-read the instructions on the I-485 AOS form, and you will note that
filing AOS when out of status is allowed for K-1 and K-2 visa holders, ->IF<- the K-1
married within the 90 days. Therefore, one can file AOS after status is expired
(after 90 days have passed), as long as the marriage occurred within the 90 days.
It's worded quite plainly in the instructions on the form:
http://www.ins.usdoj.gov/graphics/fo...iles/i-485.pdf (right at bottom of
first page of instructions)
Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
